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August 2016 | Volume 71 Number 1 T H E O F F I C I A L P U B L I C AT I O N O F T H E W I S C O N S I N A S S O C I AT I O N O F S C H O O L B O A R D S, I N C.
John H. Ashley Executive Editor
Sheri Krause Director of Communications
Shelby Anderson Editor n REGIONAL OFFICES n 122 W. Washington Avenue Madison, WI 53703 Phone: 608-257-2622 Fax: 608-257-8386 132 W. Main Street Winneconne, WI 54986 Phone: 920-582-4443 Fax: 920-582-9951
WISCONSIN SCHOOLS ARE BEING PROACTIVE IN SUPPORTING STUDENT MENTAL HEALTH, page 4
n ADVERTISING n 608-556-9009 • tmccarthy@wasb.org n WASB OFFICERS n
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Providing Support & Access
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Develop Your District’s Vision for the Future
John H. Ashley
Shelby Anderson
Al Brown & Louis J. Birchbauer
Executive Director
School districts are focusing on mental health services and support for students
Strategic planning can help you navigate a sea of turmoil to improve your district’s decision making process
Stu Olson Shell Lake, Region 1 President
Capt. Terry McCloskey, USN Retired Three Lakes, Region 2 1st Vice President
Mary Jo Rozmenoski Black River Falls, Region 6 2nd Vice President
Wanda Owens Barneveld, Region 9 Immediate Past President
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Tell Your Story Andrea Gribble
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10 schools share how to leverage social media and boost community engagement
Utility vs Marketer Blake Baxter Understanding today’s natural gas marketplace
n WASB BOARD OF DIRECTORS n Mike Blecha Green Bay, Region 3
Brett Hyde Muskego-Norway, Region 11
Bill Yingst, Sr. Durand, Region 4
Nancy Thompson Waterloo, Region 12
Rick Eloranta Owen-Withee, Region 5
Rosanne Hahn Burlington, Region 13
2 News Briefs
Elizabeth Hayes Fond du Lac, Region 7
Terrence Falk Milwaukee, Region 14
3 Viewpoint — Focus on Mental Health
Steve Klessig Brillion, Region 8
Ron Frea Pewaukee, Region 15
22 Capitol Watch — Vouchers Impact on Property Taxes
Andy Zellmer Montello, Region 10
D E P A R T M E N T S
&
C O L U M N S
24 Association News — Summer Leadership Institute Recap; Upcoming Event: Regional Meetings, Webinars
Wisconsin School News (USPS 688-560) is published 10 issues per year by the Wisconsin Association of School Boards Inc., 122 W. Washington Avenue, Madison, WI 53703. Contents © 2016 Wisconsin Association of School Boards Inc. Subscriptions are available to nonmembers for $40 per year. Periodicals postage is paid at Madison, Wis. The views expressed in Wisconsin School News are those of the authors and do not necessarily represent WASB policies or positions. POSTMASTER: Send address changes to Wisconsin School News, 122 W. Washington Avenue, Madison, WI 53703.
27 From the President — Help Guide WASB Advocacy 28 Legal Comment — The Impact of Court Orders and Process on Parental Rights 32 Service Associates Q&A — Jeff Thiel of R&R Insurance
NEWS BRIEFS
Wisconsin Ranked 13th for Child Well-Being community and 13th in economic well-being. Massachusetts was ranked first in education and Minnesota received the top ranking in the health category. The best family and community rating went to New Hampshire. As a nation overall, several child well-being indicators improved while others worsened. The percentage of children in poverty increased from 18 percent in 2008 to 22 percent in 2014. The percentage of high school students not graduating on time improved from 25 percent in
STAT OF THE MONTH
Report: 1 in 4 Teachers Miss 10 or More Schools Days
65%
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n analysis by Education Week found that more than 1 in 4 teachers missed 10 or more days of school in 2013-14. Overall, more than 6.5 million students in 2013-14 attended a school where at least half of their teachers missed 10 days or more. Research has found that students with teachers who miss 10 days of school have lower math achievement and less engagement in school. Wisconsin’s teachers were slightly below the national average with 22 percent missing 10 days or more of school during the 2013-14 school year. “There’s no getting around the fact that teachers are going to be absent, because they are professionals but also human and there are things that come up,” said Nithya Joseph, director for state and district policy at the National Center for Teaching Quality. “The sub is always going to be coming in at a disadvantage. When students are with a substitute, that does come at a cost to the student.” n
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2007-08 to 18 percent in 2012-13. “To increase opportunity for young people, policymakers must confront several issues,” Patrick McCarthy, president and CEO of the Annie E. Casey Foundation, wrote in the introduction of the report. “Access to postsecondary degrees is increasingly becoming a privilege available primarily to the already privileged. Talented low-income high school graduates need more support to obtain a college education — not only financial assistance, but also adequate guidance in high school.” n
Percent of fourth graders in the nation’s public schools who were reading below the proficient level in 2015 as measured by the National Assessment of Educational Progress (NAEP). Source: Annie E. Casey Foundation 2016 Kids Count Data Book
Financial Literacy Grants Awarded
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inancial Literacy Innovation grants were awarded to three Wisconsin schools, seven school districts, and one cooperative educational service agency (CESA). The Financial Literacy Innovation grant program supports teachers and schools as they create innovative, sustainable financial literacy programs and events, with a specific emphasis on student loan debt. Wisconsin is the first state in the nation to develop content and performance standards to define what students should know about financial literacy. The grant program was open to Wisconsin’s K-12 public and private schools and is a collaborative effort between the Governor’s Council on Financial Literacy, the Department of Public Instruction, and the Department of Financial Institutions. Congratulations to this year’s recipients:
b b b b b b b b b b b
CESA 4, West Salem – $26,323 Green Bay Area Public Schools – $19,854 La Crosse 7 Rivers High School – $10,000 Madison Metropolitan School District – $30,000 Milton School District – $10,000 New Berlin School District – $10,000 Phillips School District – $5,841 Rib Lake School District – $10,000 River Valley School District – $10,000 Three Lakes High School – $10,000 Wisconsin Rapids Lincoln High School – $10,000
Department of Public Instruction
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ccording to the Annie E. Casey Foundation’s 2016 Kids Count Data Book, Wisconsin was listed as 13th in the nation for the overall quality of life of its children. Minnesota was ranked first. The report examined and ranked factors such as quality of education, health care services/access and, among others, the economy. Wisconsin was ranked seventh in the nation in the education category. The state’s lowest ranking was 29th in the health category. Other rankings included 18th in family and
VIEWPOINT
Jo h n H . A s h l e y
Focus on Mental Health
I
n this issue of Wisconsin School News, we examine the important issue of mental health services and access in our schools. Research shows that this is an area of need amongst our students. One in five children experience a significant mental health issue that impairs their functioning. Many of our school districts have taken notice and are providing supports and services for their students. In Wisconsin, recent initiatives are being supported by grants from the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Public Instruction. The Ashland, Adams-Friendship and Milwaukee school districts, for instance, are taking part in a five-year SAMHSA project called AWARE (Advancing Wellness and Resilience in Education). Among other benefits, the program works to train school staff to recognize students who may be having problems and how to assist those students and refer them to services to get help. Other school districts have partnered with local community health organizations to bring in licensed counselors and social workers to support students. Two of those districts — Racine Unified and Beloit — are featured in this month’s issue. In addition, state and regional education organizations are focusing more on mental health services. CESA 5 is holding a Mental Health and Behavior Summit Sept. 19-20 in Wisconsin Dells and CESA 11 held its first Mental Health Summit in March, featuring experts in the field as well as the work of several school
districts including Fond du Lac, Menomonie, New Richmond, and St. Croix Falls. We have also heard from several other CESAs about mental health work they are leading in their regions of the state. The state Legislature is taking notice of the importance of mental health services for students. Last session, the Legislature passed a law to remove some administrative barriers to providing mental health services in schools. In addition, the Senate Education Committee, chaired by state Sen. Luther Olsen (R-Ripon), held an informational hearing on mental health in January and the Speaker’s Task Force for Urban Education, chaired by Rep. Jessie Rodriguez (R-Franklin), included in its final report a recommendation to explore allowing Medicaid programs to reimburse mental health providers for consultation with parents and school personnel. I am proud of the work that our schools are doing and I encourage more schools to join in this effort. Mental health issues can be complex but we must find ways to help our students. As we continue to work on mental health, my hope is that more grants and resources are made available to our schools to support this work. If you have barriers to meeting mental health needs in your schools, let us know. We know hiring and staffing are issues, but we want to know if there are other ways the state can help support mental health initiatives in our schools. In other WASB work, starting this summer, we are expanding the access to legal and policy updates to all WASB
members by creating a joint Legal and Policy Services Newsletter. This newsletter will be distributed twice a month by email to all members. The newsletter includes notices of and links to the WASB School Employment and Labor Law Review (eReview), Policy Perspectives, New Law updates and other related WASB publications that are accessible to all members as well as other relevant information and notices. If you are not receiving our emails, contact the WASB at info@wasb.org or 877-705-4422. Additionally, through a partnership with BoardDocs, the WASB is now offering an online policy management platform that allows districts to manage their entire policy cycles online — from draft policies under consideration to active policies and an archive of retired policies. It also allows the district to provide the community with user-friendly electronic access to all of the district’s active policies using the district’s existing website as a portal. The policy management platform is built into BoardDocs meeting management systems for those districts who are already subscribers. For others, it can be a stand-alone service for managing policies online. For more information or to subscribe, contact the WASB. We hope these new services make it easier for you, our school leaders, to do the important work of leading your districts to success by supporting all students, whatever their needs may be. n
Mental health issues can be complex but we must find ways to help our students.
Connect with the WASB! Twitter @wischoolboards
Facebook on.fb.me/1NBrEJq August 2016
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PROVIDING
Support & ACCESS School districts are focusing on mental health services and support for students
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ast fall, the Department of Public Instruction (DPI) released some alarming numbers. According to the DPI, it is “estimated that one in five children and adolescents experience a significant mental health issue that impairs their functioning in the community, at home or in school.� More troubling, the DPI reported that in any given year, a mere 20 to 30 percent of students receive the services they need. The DPI and many school districts across the state have taken notice and are taking steps to
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provide mental health support and services to students. For some districts, this means educating staff about the signs of mental health issues and how to refer students to available support and resources. Other districts are partnering with local community health care providers to establish mental health clinics directly in their schools. At the state level, the DPI has secured five federal grants that have brought in nearly $23 million to support mental health initiatives in Wisconsin school districts. Last fall, the DPI launched the
| Shelby Anderson Wisconsin Schools Mental Health Framework. The framework, which is being piloted by 53 schools, focuses on big picture issues such as policy and universal screening as well as more intensive needs such as one-on-one counseling. A major part of the framework is also education — specifically trauma-sensitive training for school staff. Under the trauma-sensitive training model, all school staff who come in contact with students, including support staff, are trained to watch for signs of potential mental health distress in students.
An estimated one in five children and adolescents experience a significant mental health issue that impairs their functioning in the community, at home or in school. right there in the school.” Staff are trained to spot students who may be struggling with mental health issues. They can refer a student to the school’s counselor or social worker who then screen the student to determine if the student would benefit from attending the mental health clinic or if their needs can be addressed in another way. “If it’s an issue that can be met by school staff, we go that route,” said Theresa Stolpa, school climate and program support supervisor. “The vast majority of students meet with school staff; others go to the clinic, which provides a little more significant care. It is a little bit more of an involved, one-on-one service.” The clinics, which just opened Counseling & last school year, made an impact. Support Teams Students who received help from the Safety & Re-entry Plans clinic showed signs of improvement. “They had fewer office referrals,” Seamless Referral & Rittgers said. “Their attendance Follow-up Processes | New Beginnings improved and their grades went Deepened Collaboration with up. I think some of their social The Racine Unified School DisYouth, Families, and Community Providers and emotional needs were trict has brought care to its being met as well, which students. In partnership with helps make their school the Racine Collaborative for day better.” Children’s Mental Health The social workers in and the Children’s HosEarly Identification, Screening, and Progress Monitoring the two schools work pital of Wisconsin, the closely with teachers, district has opened a Effective Individual & Group Interventions which has benefited mental health clinic Co-Planning Strategies with Students, Families, staff and students. called New Beginand Community Providers The social nings in two of workers its elementary schools — provide Johnson updates on and students Relationship Building, Resiliency, and Rich Social-Emotional Learning “If they observe a student who might be withdrawn or showing some signs of depression, they can alert someone who can intervene and provide proper interventions and support,” said Steve Fernan, assistant director of the DPI Student Services, Prevention and Wellness Team. The goal is to provide help to those students who need it. In some cases, this may mean changing the way schools view adolescent behavior. “Some students bring trauma to schools — they’re agitated, disruptive, aggressive or violent,” Fernan said. “If we just react to the behavior, we usually punish them by kicking them out of school. But when we do that, we don’t get at the root issue. The focus on mental health issues is to engage kids differently to understand what is behind the behaviors.”
Wadewitz elementary schools. The clinics are composed of one licensed clinical social worker each, who focus on serving students in that school. “The more resources for children and families we can provide in the school building, the better,” said Andrea Rittgers, director of student services. “Students don’t have to be taken out of school to go to an appointment. They’re not missing classes. Their needs are being met
FEW
SOME
ALL
Trauma Sensitive Practices Mental Health & Wellness Education
W IS C ONSI N S CHOOL M E NTAL H E ALTH FR AME WOR K The Department of Public Instruction has developed the Wisconsin Schools Mental Health Framework, a document that provides guidance to build and strengthen a comprehensive school mental health system. It builds on already widely adopted methodology of multi-level systems of support. The framework’s three-tiered pyramid mirrors the Positive Behavioral Interventions and Supports (PBIS) pyramid. For more information, visit dpi.wi.gov/sspw/mental-health.
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and talk to teachers about what they are working on with the students. They give teachers ideas and training about what they can do to reinforce positive behavior with the student. “This is a great opportunity for teachers to learn new skills, which benefits not just the students in therapy, but all of our students,” Stolpa said. In addition to the two clinics, the district is doing other work focused on teacher training and support for all students. The district received a Safe Schools/Healthy Schools grant from
the Substance Abuse and Mental Health Services Administration (SAMHSA), which has supported professional development for staff focused on trauma-informed care. The district also utilizes the Second STEP curriculum, which is a social/emotional curriculum used in all kindergarten to eighth grade classrooms. “Second STEP is a universal intervention for all students to learn about themselves, develop friendship-making skills as well as learn how to deal with their own emotions and deal with bullying,” Rittgers said. At the high school level, school resource officers have received trauma-sensitive training. “We’re changing the way we approach the adolescent at the high school level,” Rittgers said. The focus in the district’s high schools is on restorative work and building leadership abilities in students. For instance, students lead
restorative circles, which are discussion groups set up to talk through conflicts. The groups are overseen by adult faculty but, ultimately, led by students. “We have students who are trained in how to have those restorative conversations and problem solve,” Stolpa said. “It’s much more effective to have intervention with peers than adults.” The district continues to examine and look for ways to expand its work around building mental health support for its students. For instance, a third mental health clinic will be added to Knapp Elementary School — an existing school that is being rebuilt with funds from a recent referendum. The school will be opening this coming school year. “We have some really exciting things happening in Racine as far as addressing the whole child,” Stolpa said. “That trickles down to supporting our staff, which makes our
Photo credit: Journal Times
Therapist Annie Hysaw works with students in New Beginnings, a mental health clinic located in a Racine Unified School District elementary school.
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Photo credit: USA TODAY NETWORK-Wisconsin
The Berlin Raises AWAREness grant has helped the school district train 260 adults, 109 of whom are staff in the Berlin Area School District.
staff happier and healthier. It creates a climate that’s conducive to letting students thrive and be successful.” | Community Education The Berlin Area School District received a two-year, $100,000 grant from SAMHSA to train adults in the community to recognize signs and symptoms of mental health issues. Over the course of the previous two years, the Berlin Raises AWAREness grant has helped the school district train 260 adults, 109 of whom are staff in the school district. Almost all teachers in grades four through 12 have received the eight-hour training to learn how to spot signs of mental health issues in children and how to connect those students to help. Amanda Hughes, grant project director for the Berlin Area School District, said spotting mental health issues in children can be difficult. The training aims at giving adults the knowledge to tell the difference between a student who is having a bad day and a student who may need help. “Typical adolescent development
includes physical, mental, social, and emotional changes that may be challenging to distinguish from mental health problems,” Hughes said. “However, adults can watch for signs of a mental health crisis by looking for the impact of the change; does the change result in school, social, or daily struggles?” For example, Hughes said, it is typical for adolescents to withdraw from family and prefer the company of their peers, but it may be a warning sign if the youth withdraws from family, friends, and social activity. Another example would be an adolescent changing from childhood to teen pursuits (such as not wanting to participate in a certain sport or activity anymore), but it may be a warning sign if the youth loses interest in favorite activities and does not replace them with anything else. If adults come into contact with a student who may be struggling, they are trained in how to sensitively support the student and, if necessary, refer them to a school counselor who then decides how the student
RESOURCES TeenMentalHealth.org A non-profit organization focused on education, support, and advocacy of youth mental health initiatives. Their website includes resources for educators. TeenMentalHealth.org
National Alliance on Mental Illness (NAMI) The nation’s largest grassroots mental health organization dedicated to building better lives for the millions of Americans affected by mental illness. NAMI.org
DPI School Mental Health Information on the Wisconsin Schools Mental Health Framework, Mental Health Toolkit and more. dpi.wi.gov/sspw/mental-health
Wisconsin Association of Family & Children’s Agencies Promotes effective human services programs. Select “Resources/ Data” for school-based mental health resources on their website. wafca.org
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can be assisted. Between October 2015 and March 2016, the trained adults referred almost 400 students in the Berlin Area School District for some level of intervention. About 1,500 students attend the school district, meaning more than onequarter of students were referred for help of some kind. While that may seem high, Hughes said it is in line with most national data. “In any given year, one in five people will experience a mental health problem,” Hughes said. “And in a lifetime, one in two people will have an issue at some point in their life.” The two-year grant ends this September, but Hughes said the adult trainings, which cost the district relatively little, will continue. In addition, Hughes hopes to develop a website that includes much of the information that is
shared in the trainings in addition to contacts and resources for local mental health support. The district is also in the midst of a $1 million School Climate Transformation grant that has helped to establish a multi-level support system for Positive Behavioral Interventions and Supports (PBIS). The PBIS and mental health work already seem to be having a positive effect on students. Data from the Youth Risk Behaviors Surveillance System assessment, which students take in seventh grade, showed an improvement regarding questions related to mental health issues. One of the questions asks students if they have ever seriously considered suicide. In 2014, 31.6 percent of Berlin seventh graders said yes, compared to 20 percent in 2016. Another question asks “Do you agree that your teacher gives you encouragement?” In 2014, 54.8 percent responded that they strongly agree and in 2016, that number increased to 65 percent. “I think we are moving in the right direction,” Hughes said. | Improving Access During the 2014-15 school year, the School District of Beloit opened the
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Wisconsin School News
Student Health and Wellness Center in partnership with Beloit Health System. The clinic, located in Beloit Memorial High School, can conduct sports physicals, diagnose and treat acute and chronic disease, assess and treat minor injuries, and provide mental health and substance abuse counseling. Tammy Flanders, director of school health services, said the clinic operates like a regular outreach clinic, that just happens to be located in a high school. Students are billed like they would at a standard clinic. However, one difference is that the clinic sees all students, regardless of their insurance coverage or ability to pay. When it comes to mental health services, if a student is unable to pay, they see an intern mental health provider. While the medical side of the clinic hasn’t been utilized as much, the counseling and mental health services had 599 instances of a student using the clinic during the past school year. Students are referred to the clinic for mental health support from school counselors, principals, parents, school nurses, teachers and other school staff. Students can even refer themselves to the clinic if they want help as long as a parent signs a consent form. “Previous to our opening the clinic, I would frequently receive calls from the school nurses about students who were unable to see their prescriber for their mental health medication,” Flanders said. “But since we’ve had the school-based clinic in place, I’ve had zero of those phone calls.” Flanders said she also thinks that parents and students feel more comfortable accessing these services in a school setting, “The whole premise behind all of this is making it easy for the students and the families.” Additionally, Flanders said the clinic has vastly improved access to services for students. “It’s been very beneficial for our school district,” she said. “I would recommend that other school districts reach out to their community
health organization to try and remove some of those barriers for populations that have access issues.” | Looking Ahead A number of schools have now piloted the Wisconsin Schools Mental Health Framework for a complete school year. Fernan, and others at the DPI, hope to take what they’re learning from the pilot schools to improve mental health services in schools. “We want to be able to take what we learn from our pilot schools to advise other schools around the state,” Fernan said. “Eventually, we would like to see every school adopt the Wisconsin Schools Mental Health Framework.” Until then, Fernan urges school districts to look at school policies and take a less punitive approach to student discipline. “Overall, we’d like to see the number of out-of-school suspensions and expulsions decline,” Fernan
The Student Health and Wellness Center located in Beloit Memorial High School.
said. “And I think that can come with implementing a traumasensitive schools approach and the mental health framework.” School districts are also encouraged to reach out to community health providers to see if there may be an opportunity to run a mental health clinic in their schools. There is a long way to go but many schools have made progress in providing support to students. Fernan estimates that about 200
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schools have some sort of licensed mental health services available to students within the school. While that may sound promising, it is only about 10 percent of schools in the state. “If we’re going to make schools safer, more conducive to learning, we have to pay closer attention to the mental health issues of students and their families,” Fernan said. n Shelby Anderson is editor of Wisconsin School News.
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August 2016
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Develop Your District’s
Vision for the Future Strategic planning can help you navigate a sea of turmoil to improve your district’s decision making process Al Brown & Louis J. Birchbauer
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great deal of time and resources have been allocated to improving instruction. The political scene at the local, state and federal levels is constantly moving and changing. New laws impacting education are frequently being added to state statutes. Parents and community members are turning to school districts more and more for answers to local issues. How does school leadership keep up with this ever-changing and sometimes emotionally charged climate? One method is to have a quality strategic plan. Inclusive processes around listening, accumulating data/information and communicating lead to collaborative strategic thinking, which assists in forming a Master Plan for the future. The results are long-term, fiscally responsible educational, operational, financial and facilities plans. This process is called Stakeholder-Driven Strategic Planning. The process is based on the research of Robert W. Ewy and involves key community and school district participants. It’s designed to gather input from individual community stakeholders.
| Strengthening Operations Strategic planning is an important management tool to be used by school boards. Strategic planning is a disciplined, organizational management process that focuses organizational resources, strengthens operations, establishes district priorities, develops common goals, creates agreement regarding the intended outcomes, and adjusts district direction in response to a changing environment.
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Timm Johnson School Board President, Osceola School District
Mark Luebker Superintendent, Osceola School District
John Hendricks Superintendent, Sparta Area School District
“Strategic planning allows time to focus on priorities and be proactive.”
“The district must find ways to continue to use purposeful, organized, and strategic efforts to realize excellent results, all while saving money.”
“[We] wanted to be confident that we were investing time and energy into initiatives that are important to our community and to our board of education.”
Strategic planning will assist the board of education in managing the district in a clear and focused manner. “Schools have been placed in a reactive position because of funding limitations, legislative changes, and the social-emotional needs of students,” said Timm Johnson, school board president for the Osceola School District. “Strategic planning allows time to focus on priorities and be proactive meeting those and other challenges.” Strategic planning is not a magic process that will solve all educational problems. It is, however, a tool for school boards to move educational operations to their vision of the future and to measure the results of their work.
There are any number of “planning processes” available to school boards. These processes can be found through educational associations, web searches, consultants and/or vendors, and in books or other printed materials. There is no perfect process. School boards and administrators should choose a planning process that meets their individual school and community needs. While there are various forms of strategic planning, the planning process should include the following components.
b Analysis and assessment: This is an understanding of the current internal and external environment.
b Strategy formation: The creation of high-level strategies and a plan document.
b Strategy execution: The plan is translated into operational planning or action items.
b Evaluation: The refinement and evaluation of performance, culture, communications, data reporting and other strategic management issues occurs.
The Key Work of School Boards, developed by the National School Boards Association, advocates for strategic management. An excerpt states, “Vision without action is a dream, and action without vision is aimless.” Strategic planning is the framework for connecting the actions of the school district to the district’s vision for the future. So how does a school board and school district leadership begin a strategic plan that will lead to strategic management?
“Vision without action is a dream, and action without vision is aimless.” — from The Key Work of School Boards by the National School Boards Association
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“It is also important for leadership to know how they are being evaluated.” — John Hendricks, superintendent of the Sparta Area School District
| Strategic Planning Steps The first step in strategic planning is to create a powerful vision for the future. This vision should have the input of those parties that it will affect. This means staff, students, administrators, parents and community members should have a hand in shaping the district vision for the future. The difficulty in creating a vision is to identify the future, not to re-create the past. Districts should also periodically review the vision and refresh or update it if necessary. The next step is to develop a strategic plan document. The planning team must identify a process to
create strategic themes and goals that will directly connect to the school district’s vision. “The district must find ways to continue to use purposeful, organized, and strategic efforts to realize excellent results, all while saving money,” said Mark Luebker, superintendent of the Osceola School District. “The School District of Osceola is committed to improving education and building strong partnerships within the community.” By focusing on a vision and developing strategies to achieve district goals, school districts can also build and maintain strong col-
laborative endeavors. It is much easier to be collaborative when there is a clear vision, stated expectations and identified measures for success. The third step is to develop a deployment strategy. The deployment strategy not only states what goals are to be acted upon, but how progress in reaching these goals is to be measured and how the results of this work are to be communicated to stakeholders. Progress monitoring of strategic initiatives is a key and vital function for school boards. This monitoring of progress is also critical for keeping the strategic plan “alive.” The axiom, “What gets measured, gets done”
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couldn’t be closer to the truth. By monitoring the progress and results of action plans, the board of education is communicating the importance of the plan initiatives to the public and staff. | Holding the Plan
Accountable It is important for boards of education to realize plan development is but the first part to strategic management. Strategy execution, monitoring and evaluation of plan outcomes are very important components of this management process. It is conceivable that without the execution/monitoring and evaluation phases, a good strategic plan can simply become “shelfware.” Monitoring the results of a strategic plan also allows a district to adjust or modify outcomes or actions in a changing environment. The one constant in today’s educational operations is change. One
method of embracing change is to constantly monitor strategic outcomes and to modify the methods or goals based on the change in environment or factors affecting the school district. This is done with the vision for the school district clearly in sight. Strategic planning not only contributes to accountability but also collaboration. “Our leadership team wanted to be confident that we were investing time and energy into initiatives that are important to our community and to our board of education,” stated John Hendricks, superintendent of the Sparta Area School District. “It is also important for leadership to know how they are being evaluated.” Collaboration and accountability can exist in systems where there are clear goals, constant and appropriate monitoring of results, and a task orientation.
| Connecting Positively and
Focusing Resources By creating a well-thought out plan, implementing the plan with stakeholder commitment, and monitoring the outcomes, school districts can minimize much of the reactionary posturing that takes place on the leadership level. Successful school districts understand that the secret to improving education, connecting positively to the community and focusing resources is to have a strong strategic plan. While this plan is not a “magic bullet,” it will aid in the development of strong board and administrative leadership practices. n Al Brown and Louis J. Birchbauer are organizational consultants with the WASB. Al has served Wisconsin school districts and students for more than 35 years as a teacher, principal, and superintendent. Louis served as superintendent for nearly 30 consecutive years in the districts of Cambria-Friesland, Mosinee, Germantown, and Greenfield.
Legal Roles and Responsibilities of School Boards Workshops Improve your board’s effectiveness by training together on: • Open meetings and public records • Roles of the board, individual members and administrators • The board’s role in policy development • Board action vs the individual board member • Conflicts of interest
Contact the WASB today. Legal and Human Resources Services | 608-257-2622 | 877-705-4422 | Visit wasb.org
August 2016
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Tell Your Story 10 schools share how to leverage social media and boost community engagement
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eal engagement is about meeting your community where they are. When looking around, it doesn’t take long to see that most students, teachers and parents direct a lot of their attention to their smartphones. So how can your school compete for their attention? We took a tour of Wisconsin and identified 10 districts that are leveraging social media to truly engage with their communities. We hope you find at least one idea that you can utilize to celebrate your students this school year.
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▶ Mineral Point Unified
School District
“Social media has literally put Mineral Point on the map,” said District Administrator Luke Francois. “As I travel the state from Milwaukee to Fall Creek, colleagues have awareness of the great happenings in Mineral Point. This awareness has grown exponentially to communities at large, but none has benefited more than our own community right here in Mineral Point.” Every week, you can check out the incredible photos from Mineral
| Andrea Gribble Point, but one highlight in particular that the school captured was its state championship in girls basketball. The district shared hundreds of photos from the historic season, culminating with a post that reached over 38,000 people and had Facebook fans dishing out the likes (3,751), the love (93) along with 225 comments and 347 shares.
▶ Chippewa Falls Area Unified
School District
Recognizing outstanding seniors is something the #MightyCardinals
do each and every week on the Chippewa Falls Area Unified School District Facebook page. And it isn’t simply a quick post; the team does its homework in celebrating the amazing accomplishments, future plans, and family connections the students have. The results? Thousands of community members have been reached with many comments, shares and of course, thumbs up given. It takes a little work to put this together, but the engagement level will help impact your entire social media presence.
▶ School District
of Hillsboro
The Hillsboro School District has a unique twist on sharing its story. The school lets their students help! A few handselected upperclassmen help manage the Facebook, Twitter, Instagram and YouTube accounts. “Using social media interns has allowed our district to capitalize on the expertise of our students in the realm of social media to better inform our school community,” said Superintendent Curt Bisarek. “It has also allowed us to better connect
with our larger school community by connecting with our alumni.” The school isn’t the only one to benefit. The student interns have also learned about their school district. Student Amy Salisbury said, “Being a social media intern has opened my eyes to see everything our district has to offer.” “I have learned how to be professional on social media sites - something I can apply to my personal accounts,” student Mackenzie Sullivan said. “The experience I have gained could possibly help me get a job some day. It has also been a lot of fun!”
▶
Waterloo School District
Want proof that social media can be used to tell your story around the world? Look no further than the Waterloo School District. With a large percentage of Spanish speaking students, the school posts on its Facebook page in both English and Spanish. Waterloo District Administrator Brian Henning said, “2016 was the year we finally jumped into telling our story with social media. With
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our unique need to post all of our updates in both English and Spanish, we teamed up with a trusted partner in #SocialSchool4EDU. We now reach thousands of people each week from dozens of countries, engaging families from around the world.”
▶ Kenosha Unified School District Heartwarming stories like the one Kenosha Unified School District shared last April have the potential to go viral. The short video showed two children being reunited with
their dad returning after eight months in Afghanistan. The post reached nearly 40,000 people on Facebook and then was picked up on the Today Show and Inside Edition. Jessica Tuttle, communication support specialist for the district, shared her behind-the-scenes hesitation on sharing the video, “I had my vibration-reduction setting off on my camera, which made my video much shakier than normal and nearly ruined the video for me. I had faith that people would latch onto it anyway, and it ended up going above and beyond my initial expectations.” Lesson? Share the stories! Even if they aren’t perfect, these pictures,
videos and student projects need to be shared.
▶ Unity School District The hub of every school’s communication should be its website. But who says you can’t help promote your website through the use of social media? Unity School District recently updated its website to better connect and communicate its story with the community. While people may not visit your website each and every day, they are on social media every day (sometimes every minute of every day). This means it is a great place to catch people’s attention with posts that link back to the school website.
▶ School District of Amery Instagram is an amazing platform to connect with students. Amery School District is using this to its full advantage, where it now has over 340 followers and almost daily posts when school is in session.
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The post reached 2,000 people and had 16 awesome comments, like this one from one parent, “So very happy for you. So thankful my children are and will be in your classroom and so blessed to work with someone so amazing.”
▶ Shawano School District Amery has systematically focused its efforts on social media engagement. Last year, the school merged five separate school-related pages into one district Facebook page and now has nearly 1,300 followers. The school also utilizes a district mobile app that includes photos from its social media accounts. This means even non-social media users get to enjoy the most recent posts!
▶ School District of River Falls On social media channels such as Facebook, Twitter and YouTube, there is prime real estate when it comes to catching the attention of your fans. It is called the cover image.
It is the large image across the top of your page that towers over the smaller profile image that is usually your logo. To keep things fresh, the School District of River Falls has a schedule where the team changes the Facebook cover about once per week. Monique Squire, director of community education and communications, shares three reasons why. It gives “as much exposure as possible to our students and staff, and keeps things as equal as possible between our buildings.” Second, this helps to keep things fresh and hopefully keeps visitors coming back. Squire said the third reason they change the cover often is, “This is just another opportunity to tell our story.”
▶ Edgar School District It’s great to highlight students every day on your social media channels, but Edgar School District has found great success in also highlighting its teachers. The school does a weekly teacher feature. In May, for Teacher Appreciation Week, it partnered with AppleAwards.com to provide the first annual Wildcats #EdgarExcellence Award.
Nothing says Wisconsin like driving your tractor to school! The post read, “Shawano Community High School students participated in FFA’s Drive Your Tractor to School Day today.” It reached 6,981 people with 303 reactions, comments and shares. After school, the SCHS students
took a detour past Hillcrest Primary and Olga Brener Intermediate schools. Teachers used the opportunity to talk to their students about the importance of the farmers in their community, and the students enjoyed seeing the tractor parade. What a great day! | Celebrate Your School Your school has a story to tell. Let these 10 Wisconsin districts inspire you to tell your story on social media! It can be a great place for people to come together to learn, support and engage with one another, all in the spirit of celebrating your school. n Andrea Gribble is a social media consultant who helps schools celebrate their students and connect communities through social media. Reach her at andrea@socialschool4edu.com.
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Utility vs. Marketer Understanding today’s natural gas marketplace | Blake Baxter
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n an environment of tight or decreasing budgets, schools have been searching all facets of their budgets for any area where they can find savings. For years, one area that has attracted attention has been the utility bill. Many schools have upgraded their physical plants to garner greater efficiencies and lower their energy bills. Another area of interest for school officials has been to try to save money on their natural gas purchases. Unfortunately, most districts have little understanding of the natural
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gas supply chain; how to calculate basic gas industry metrics; or how to negotiate a fair natural gas purchase contract. In numerous cases, school districts have left the protection of the local gas utility and paid more for their natural gas from marketers than they would have paid if they stayed with the local gas utility. In this two-part series, we will look at these issues and attempt to provide a best practices approach to contracting and evaluating the savings that can be achieved with a metrics-driven gas purchase program.
| The Wisconsin Regulated
Marketplace If you do business in Wisconsin, you can either buy natural gas from local distribution companies (i.e., WE Energy, WPS, Xcel, Alliant or MG&E) or you can buy it from a marketer. If you buy your gas from a local distribution company, then you are buying a regulated gas supply. That is not necessarily a bad thing as the local distribution companies are required to provide all the gas you need and they do so at one price.
However, to meet the first objective, the Public Service Commission requires the local distribution companies to own an excess of pipeline capacity and natural gas to meet any conceivable peak day requirement. Moreover, to meet the second requirement of providing natural gas at one price, the local distribution companies must buy natural gas in accordance with guidance from industry regulators. This almost guarantees that the local distribution companies will never have the low price in the marketplace. However, when you purchase natural gas from the local distribution companies, because it is regulated, you know exactly what you are going to pay at the start of each month. Most of the pricing components are known well before the start of the month as they are established though a rate case process controlled by the Public Service Commission. For example, Wisconsin Public Service (WPS) is currently approved to charge the
following rates for any sales service customer that consumes between 20,000 Therms and 200,000 Therms of gas per year:
Based on those actual charges, the local distribution companies then publish a purchased gas adjustment value, which modifies the base rate and results in the price that will be charged for gas in the following month. Again, we will use WPS as the example by using their December 2015 rates:
LOCAL DISTRIBUTION CHARGE Daily Fixed Charge
$4.9315/Day
Volumetric
$0.0624/Therm
Gas Supply Charge
$0.0149/Therm
Gas Base Rate
$0.5786/Therm
Once approved, rates will remain in place until the Public Service Commission approves new rates for the local distribution companies. However, since no one can actually know the future price that gas will be set at, the local distribution companies gas price is adjusted monthly through a process known as the purchased gas adjustment. Prior to the start of each month, each local distribution company is required to provide the Public Service Commission with updates on the cost of gas and pipeline services that the local distribution companies actually incurred.
$0.5786/Therm
Gas Base Rate Gas Supply Charge
– $0.2005/Therm $0.3781/Therm
Monthly Gas Rate
Since all of these rates are published prior to the start of the month, it is possible to estimate your gas expense for the month: Daily Fixed Charge
31 days
$ 152.88
Volumetric
20K Therms
$1,248.00
Gas Supply Charge
20K Therms
$ 298.00
Gas Base Rate
20K Therms
$7,562.00 $9,260.88
Total Charges
Thus, in the regulated Wisconsin gas market, you have the protection of the Public Service Commission and a certain level of transparency
GAS COST HISTORY FOR COMPANY B Gas Marketer
MGE
NYMEX
$1.40 $1.20
$0.80 $0.60 $0.40
2012
2013
2014
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
$0
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
$0.20
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
$ / Therm
$1.00
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WITHOUT A BASIC UNDERSTANDING of [natural gas] options it is entirely possible to end up with something that is completely unpalatable. on what you are charged and why. However, you are not likely to get the best gas price nor can you lock in your future price of gas. If prices surge, as they did during the year of the Polar Vortex, then you will be going along for the ride with your local distribution company. | Natural Gas Markets As mentioned earlier, gas consumers in Wisconsin have the option to purchase their natural gas from marketers instead of the local distribution companies. This means that gas consumers can access a proverbial Chinese menu of gas purchase and delivery options, including both physical and financial terms. However, without a basic understanding of these menu options, it is entirely possible to end up with something that is completely unpalatable. We will start to unravel this topic by looking at the natural gas supply chain. Natural gas is not unlike most
products that we purchase day in and day out. First you have a product, whether it is a book, a pencil or a dekatherm of natural gas. That product has to be shipped from where it is produced to a location near you. In the case of a book or a pencil, they may be delivered by ship, rail or truck. In the case of natural gas, it is always shipped through the large interstate gas pipelines. For most of eastern Wisconsin, gas is transported by ANR Pipeline Company and for much of western Wisconsin, gas is transported by Northern Natural Gas Company. Finally, the product is moved from a local delivery location to your facility by your local distribution company. As with most commercial products, there are numerous sources for determining the price of natural gas. First and foremost, natural gas is traded as a fungible product on the New York Mercantile Exchange or
| K-12
Learner Success. Optimized. Building deep connections between schools, families, and communities, Blackboard’s unique approach to K-12 education focuses on creating a seamless and engaging experience for each learner and supports the three foundational challenges districts face today: • Maintaining a safe and secure space for academic achievement • Engaging and informing the entire community • Advancing personalized, competency-based learning
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Wisconsin School News
Learn more about Blackboard’s New Learning Experience platform at www.blackboard.com/K12NLE
NYMEX. The NYMEX is sometimes referred to as the futures market as it trades financial contracts for delivery of specific products at specific periods in the future. In the case of the NYMEX gas contract, the purchaser is buying the right to take delivery of 10,000 dekatherms of natural gas delivered at the Henry Hub in Louisiana at some time in the future such as January of next year. The prompt contract, the one trading for next month’s delivery, is extremely liquid with trading volumes that are generally second only to crude oil. As a result, the price of the NYMEX gas contract is reported by numerous sources on the web and in the press. It is important to remember that the NYMEX contract does not include the cost of shipping the natural gas to any specific location. Thus, anyone purchasing gas must also determine the cost of shipping the gas to their specific region. Fortunately, natural gas trades in numerous locations around the country and the prices paid at these locations are published daily by a variety of industry trade papers. These prices, known in the industry as basis, should be available from any reputable gas marketer or consultant. Finally, the third leg of the natural gas supply chain is the local delivery function which is performed by the local distribution company. As we noted above, the rates for this service are determined by the Public Service Commission and made publicly available through the local distribution company or Public Service Commission. Thus, all three legs of the gas supply chain have prices that are transparent and available with a minimum of work.
| Determining Your
Gas Metrics We now have the necessary inputs for measuring the performance of your natural gas purchasing activity. But keep in mind that there are two fundamental and sometimes contradictory strategies that are pursued by most gas purchasers. The first strategy is called “Beat the Utility.” In this strategy, the sole purpose of purchasing from a marketer is to achieve a better price than what you would have gotten from the local distribution company. The metrics for this are very straightforward as you simply take the rates published by the local distribution company and compare them to what you are paying the marketer. If you are paying more to the marketer, then you have a problem. The second gas purchasing strategy is called “Beat the Budget.” In this strategy, the gas price is less of a concern than trying to achieving
budget certainty. This one can be harder to evaluate, but you have a number of tools. First and foremost, did you achieve your goal of beating the budget? It is surprising how many purchasers opt for the “Beat the Budget” strategy, but never check the results. On the other hand, even if you did beat the budget, what price did you pay for that success? Was the budget skewed from the start by the price impacts of the Polar Vortex? The only way to answer these questions is to look at other metrics. As we discussed above, the obvious choice is to look at what you would have paid the local distribution company. Did you pay more than you would have paid the utility? The second measure would be to look at how the budget price would have compared to the market price in the “Beat the Utility” strategy. Given the gas price movements of the last several years, it is possible that your budget
price may have ended up costing you significantly against the actual market. If that is the case, then you might want to revisit the strategy and the underlying guidelines for its implementation. | Gas Marketers While local distribution companies are regulated by the Public Service Commission, marketers are not subject to regulation. Marketers are typically subject to the consumer protection laws of the state they reference in their contracts such as New York, Texas or Delaware. This means that there is generally a much lower standard of consumer protection in a marketer contract than you have with the utility. In the next article, we will take a closer look at marketer contracts and ways to improve your odds of saving money on your gas purchases. n Blake Baxter, who has more than 35 years of experience in the energy industry, is the senior energy originator for MEP Solutions, LLC located in Madison.
Customized Leadership Services Comprehensive training, support and resources customized to your needs. The WASB can help with: • Master planning • Analyzing systems • Goal setting • Using data • And, much more! Contact the WASB today for a free consultation.
Customized Leadership Services | 608-257-2622
|
877-705-4422
|
Visit wasb.org
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C A P I T O L W AT C H
Vouchers Impact on Property Taxes Narrowing the voucher “funding gap” could raise property taxes
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ecently, some key lawmakers have said they want to make fixing an educational “funding gap” a priority. Ordinarily, and certainly in prior years, such talk might be seen as an encouraging sign for public schools, especially coming at a time when revenue limits have been frozen, state aid increases are not keeping pace with inflation, and so many school districts are asking voters to approve operating referendums. However, this time around, the “funding gap” being talked about is not a gap between higher-spending and lower-spending public school districts or between rising school costs and frozen revenue limits. Instead, the talk centers on a gap between what public schools may raise and spend and what private schools receive for accepting voucher students. Under current law, what public schools may raise and spend is largely governed by state-imposed revenue limits. There are a limited number of exceptions or exemptions to those limits and they may be overridden by a referendum vote of district voters, but unless either of those conditions apply, a district is bound by what the revenue limit calculation provides. In 2015-16, the statewide average base revenue limit authority was $9,950 per pupil.
Similarly, the amount the state pays for each pupil attending a private school participating in the Milwaukee, Racine and statewide voucher programs is statutorily determined. In 2015-16, the per-pupil payment was $7,214 for voucher pupils in grades K-8 and $7,860 for voucher pupils in grades 9-12. According to a recent analysis by the non-partisan Legislative Fiscal Bureau (LFB), this works out to a weighted average per-pupil voucher payment of $7,353 based on the percentage of full-time equivalent pupils in each of these three programs who are enrolled in grades K-8 and the percentage enrolled in grades 9-12. During the period from 2010-11 to 2015-16, the LFB notes per-pupil voucher funding increased from $6,442 to $7,353 per pupil. For comparison purposes, the LFB determined per-pupil state support for public schools by dividing total general and categorical state school aid by pupil membership used to calculate state equalization aid and determined that the state provided $6,011 per public school pupil in 2010-11 and $5,915 in 2014-15. (Although the LFB couldn’t calculate a final figure for 2015-16 because complete categorical aid payment information for 2015-16 is not yet available,
one would imagine it will be similar to that for 2014-15. Between 2014-15 and 2015-16, combined state appropriations for general and categorical aid rose by only about $3 million while statewide public school enrollment dropped by about 0.3 percent.) Viewed this way, state per-pupil payments to private voucher schools are considerably higher than the average per-pupil aid payment amounts the state pays to public schools. Moreover, per-pupil payments to private voucher schools rose on average by about 14 percent between 2011 and 2016 while average state per-pupil payments to public schools have held steady or perhaps even dropped over that same time period. In response, voucher proponents were quick to point out that the time period chosen for this comparison corresponds to the enactment of Act 10 changes, noting that the reduction in state aid was also given with flexibility and reduction in costs. Others argued that public schools receive local tax dollars in addition to state aid and no matter your opinion on school vouchers, the proper comparison between perpupil support for private voucher schools and per-pupil support for public schools is the voucher amount
If per-pupil payments to vouchers and independent charters increase, so will the potential property tax impact.
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and the per-pupil revenue limit amounts for public schools — in other words, the combination of state aid and local property taxes a district may take in. In recent days — and in what might potentially be a serious blow to efforts to get to a sustainable public school funding model in the state of Wisconsin — some key lawmakers have begun talking openly about “eliminating the voucher funding gap” by which they mean raising per-pupil voucher payments to a level of parity with per-pupil revenue limits for public school students. A factor that may be making such talk easier for lawmakers is that the 2015-17 state budget made significant changes to the funding mechanisms for vouchers and independent charter schools. One change is that the state no longer directly funds voucher payments for new enrollees in the Racine and statewide programs. Similarly, the state will no longer directly fund per-pupil payments to certain new independent charters likely to be authorized by the University of Wisconsin System. (To date, none of these schools, called “2X” charters after their statutory designation, are operating.) Under prior law, the state paid the entire cost of voucher payments for pupils in these programs from a separate state appropriation. (The state still does this for voucher pupils who first enrolled in these programs prior to 2015-16 and will continue to do so until these students graduate or leave the voucher program. These students are not counted by their resident school district in its revenue limit or state aid calculation.) Now, however, for students who first participate in the Racine or statewide voucher programs in the 2015-16 school year or later, the voucher payments are funded in a manner similar to the way open enrollment transfers are funded. The voucher payment is made by transferring state aid away from the resident district in an amount equal to
the per-pupil payment for each voucher pupil and sending it to the participating voucher school in which he or she is enrolled. To compensate, the voucher pupil’s resident school district is allowed a nonrecurring revenue limit exemption for the amount of aid lost, which gives the school board the option to levy an amount up to the amount of aid lost. Adding new voucher pupils doesn’t necessarily increase the state’s cost because the state school aid appropriation is a fixed amount that is not affected by how many pupils are served. So, rather than the state having to raise revenues to pay for each additional voucher pupil, the critical funding decision is shifted to local school boards, who now face the difficult decision of whether to increase local property taxes to fully or partially offset the lost aid or accept a cut in resources. To be fair, voucher pupils who began participating in the Racine or statewide programs in the 2015-16 school year or later are fully counted in the revenue limit of their school district of residence. In addition, these pupils are also counted in their resident school district’s state aid calculation although there is a one-year delay before they generate any aid for the district. The initial
effect of that was seen in this year’s July 1 aid estimates, and it remains to be seen what the long-term consequences of this change will be. One thing lawmakers advocating for closing the “funding gap” should consider is that under the new funding mechanisms, each additional voucher or independent charter pupil represents a potential property tax increase. As mentioned earlier, local school boards are put in the unenviable position of having to decide to levy local property taxes to make up for the aid deducted to pay for these pupils to attend school elsewhere. The board is not required to levy any portion of the exemption but if the board does not, under revenue limits, the lost aid could be seen as representing a cut to the district’s budget. If per-pupil payments to vouchers and independent charters increase, so will the potential property tax impact. Given the heavy emphasis lawmakers have placed on holding the line on property tax increases, perhaps that fact will give them pause. Then again, they may simply decide to place the burden on local school boards to decide whether higher voucher payments and voucher expansion will come at the expense of property taxpayers or the local public schools. n
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A S S O C I AT I O N N E W S
Focused on School Leadership
S
chool board members and administrators from around the state gathered on July 16 for the 2016 Summer Leadership Institute in Green Bay. The annual event focuses on helping school board members and administrators build the knowledge and tools needed to lead Wisconsin public school districts. This year’s Summer Leadership Institute opened with an uplifting keynote from Dr. Michael Weber, district administrator of the Port Washington-Saukville School District. Weber gave school leaders practical strategies on how to adopt a positive attitude and outlook in their personal and professional lives. “You always have a choice,” Weber said. “You can be happy and positive or just the opposite. Understanding psychology of the mind helps make us proactive. The psychology of the mind belief system determines how you will see the world.” WASB consultants Louis Birchbauer and Al Brown, led a session on “Effective Board-Superintendent Teams.” Among other topics, Birchbauer and Brown discussed the importance of clearly defining the different roles of a school board member, which are focused on policy and governance, versus those of a superintendent, which are focused on administration and management. “School boards need to think both about what they need to do and how
they need do it since both dimensions of their work have a profound effect on everything and everyone else in the system,” Birchbauer said. “Put another way — school boards need to concern themselves both with doing things right and with doing the right things.”Administrators and board members from the Monona Grove School District shared their approach to teacher compensation. The district uses a “career ladder” approach that rewards teachers who demonstrate and show evidence of advanced classroom teaching practices, professional collaboration, reflective practice, professional growth, and formal or informal leadership. New teachers begin at the mentorship level, move to post-mentorship and then to the professional levels. The top two levels are professional leader teacher and distinguished teacher. The Green Bay Area Public School District shared its work in improving equity and parent engagement in the district. Reva Shaw, district equity coordinator, said there are two main focuses of the district’s work: changing the district mindset to focus on equity versus equality and bridging families with the school district and greater community. “Family engagement needs to be a well-planned process involving the entire school community,” Shaw said. “It cannot be a one-time program. It needs to have a set of day-to-day practices, attitudes, beliefs and interac-
tions that support learning at home as well as at school.” Dan Mallin, WASB policy and legal services counsel, led a two-part session on the “Legal and PolicyMaking Duties of Wisconsin School Board Members.” The session, aimed at new school board members, used guidance from the National School Boards Association’s “The Key Work of School Boards” and current policy and legal requirements to clearly define the role and duties of successful school board members. N For presentations from all of the sessions, visit wasb.org. Select “Meetings and Events” and then “Event Recaps.”
UPCOMING WEBINARS The WASB hosts a series of webinars throughout the year on legal, policy, and other important school leadership topics. Here is a look at the upcoming webinars from the WASB.
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m PUPIL RECORDS Aug. 2, 12-1 pm | Presenter: Bob Butler, Associate Executive Director and Staff Counsel
m FMLA: STATE AND FEDERAL REQUIREMENTS Aug. 10, 12 – 1 pm | Presenter: Barry Forbes, Associate Executive Director and Staff Counsel
This presentation covers state and federal laws relating to the maintenance and release of pupil records. We will cover the basics of the pupil records law and focus on limitations to the release of pupil records and on recent changes in the law.
This webinar will review requirements under the Wisconsin and Federal Family and Medical Leave Acts (FMLA), including eligibility for leave for birth or adoption, serious health conditions of employees, parents, spouses and children, and the various leaves available
Wisconsin School News
Advocating for Wisconsin Schools WASB leadership visits congressional representatives in D.C.
I
n June, WASB President Stu Olson (Shell Lake), Vice President Terry McCloskey (Three Lakes), 2nd Vice President Mary Jo Rozmenoski (Black River Falls), Immediate Past President Wanda Owens (Barneveld), Executive Director John Ashley, and lobbyists Dan Rossmiller and Chris Kulow travelled to Washington, D.C. to attend the National School Boards Association’s annual Advocacy Institute and meet with federal lawmakers. The WASB delegation received a full day of training on key federal education issues and also heard addresses by U.S. Education Secretary John King as well as Senate Education Chair Sen. Lamar Alexander (R-Tenn.). King and Alexander shared their views regarding the implementation of the Every Student Succeeds Act (ESSA), which replaced the No Child Left Behind Act. While Secretary King spoke of ESSA’s roots as civil rights legislation, Sen. Alexander emphasized that ESSA was intended to return authority from the federal government back to states and local school districts and should be interpreted in that light. Then it was off to Capitol Hill to meet with Wisconsin’s congressional offices to discuss federal issues impacting Wisconsin schools. The WASB thanked our senators and representatives for voting in favor of ESSA
WASB President Stu Olson (speaking) discusses education priorities with Sen. Ron Johnson. and urged them to closely monitor regulations being proposed by the U.S. Department of Education to ensure ESSA implementation follows the law as written by Congress. In meetings with each office of the Wisconsin congressional delegation, the WASB also encouraged reauthorization of the federal Child Nutrition Act, which governs school meal programs, and requested that schools receive more flexibility and relief from federal mandates. The WASB also encouraged lawmakers to reauthorize the Carl Perkins Act (career and technical education) to encourage students to prepare for the world of work, help teachers receive appropriate professional development,
and help schools build and strengthen partnerships with local businesses and technical colleges to produce careerready graduates. Finally, the WASB urged Congress to prioritize funding for the Individuals with Disabilities Education Act (IDEA) and Title I (assistance to districts and schools serving low-income children) and restore cuts to federal Impact Aid proposed in the President’s recommended budget. Impact Aid provides federal financial assistance to school districts impacted by federal activities and compensates districts for their loss of local property tax revenue if they have non-taxable properties (such as military installations or tribal lands) within their boundaries. N
to military service men and women and their families. Employer notice and documentation requirements will be covered along with employer and employee rights and obligations during and after FMLA leaves.
and to help avoid common pitfalls when doing so. The presentation will focus on procedures for administrators as well as for boards that conduct their own expulsion hearings.
m PUPIL EXPULSION Sept. 14, 1:30-2:30 pm | Presenter: Bob Butler, Associate Executive Director and Staff Counsel
Please note: These and all previous webinars are recorded and available on demand. WASB members can purchase any webinar and watch when their schedule allows. Upcoming live and pre-recorded webinars are listed on the WASB Webinars page at wasb.org (select “Meetings & Events” and then “Webinars”).
This webinar presentation covers state and federal laws relating to pupil expulsions. The presentation will provide a roadmap for considering the expulsion of pupils
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A S S O C I AT I O N N E W S
[continued]
UPCOMING EVENTS
WASB Fall Regional Meetings
T
he WASB Fall Regional Meetings bring together school leaders in their respective WASB regions to recognize accomplishments, listen to a feature presentation, and hear about WASB’s activities and plans. This year, the feature presentation will address “The Continuous Improvement of School Boards.” The presentation will focus on how successful school boards use strategic planning and data-based decision making to continuously drive improvement. In addition to the feature presen-
tation, the Regional Meetings take time to recognize school board members who have reached a new level in the WASB Member Recognition Program. School board members earn points by attending WASB and National School Boards Association (NSBA) programs and activities. WASB Executive Director John Ashley will wrap up the meeting with the Executive Director’s Report, which will inform members about the activities and future direction of the WASB. N
Region 1 | Oct. 18 – Washburn** Oct. 19 – Rice Lake** Region 2 | Oct. 20 – Minocqua* Region 3 | Oct. 25 - Green Bay Region 4 | Sept. 20 – Eau Claire Region 5 | Sept. 21 – Rothschild* Region 6 | Sept. 27 – La Crosse Region 7 | Oct. 27 – Neenah* Region 8 | Oct. 26 – Kiel Region 9 | Oct. 11 – Fennimore Region 10 | Sept. 13 – Wis. Dells Region 11 & 15 | Sept. 28 – Pewaukee* Region 12 | Oct. 6 – Stoughton Region 13 | Oct. 5 – Elkhorn* Region 14 | TBD – Milwaukee * Denotes regions with elections for WASB Board of Directors ** Denotes two options for Region 1
PRE-REGIONAL MEETING WORKSHOP
Coming to Order: How to Plan and Conduct Effective School Board Meetings All school boards conduct their business in similar meetings. However, the effectiveness of their meetings can vary widely. How a board sets its agendas and plans for and conducts its meetings can impact the board’s success in moving the needle on student achievement. In this workshop, a WASB attorney will review the legal requirements for meetings and board member roles as well as how to structure meetings to achieve different purposes, conduct an effective board meeting, record meetings appropriately, and accommodate public participation. Workshops will be held immediately prior to the Regional Meetings from 4:30-6 pm at the same facility. Members are welcome to attend workshops in any region. Regional Meeting registration is not required. N
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Wisconsin School News
Are You Receiving Our Emails? The WASB wants to ensure you are receiving all of the timely legislative updates, legal and policy notices, and meeting invitations that you are entitled to receive with your membership. If you are not receiving WASB emails or would prefer they be sent to a different email address, please contact us at info@wasb.org or toll-free at 1-877-705-4422. WASB emails include the weekly eConnection newsletter, the weekly Legislative Update, periodic event emails, and, among others, the Legal & Policy Newsletter (new in July 2016).
FROM THE PRESIDENT
Stu Olson
Help Guide WASB Advocacy Submit a resolution to the WASB Policy and Resolutions Committee
H
ow does the Wisconsin Association of School Boards take positions on issues? Our legislative advocacy is directed through the Delegate Assembly. Resolutions are adopted at the annual Delegate Assembly, which is held in conjunction with the annual State Education Conference in Milwaukee in January. The resolutions guide our lobbyists as they advocate on behalf of public education. Dan Rossmiller and Chris Kulow, the government relations team for the WASB, often refer to those resolutions when visiting the offices of federal and state legislators. The resolutions also inform and guide the WASB’s lobbyists as they develop legislation for introduction by lawmakers and as they respond to proposed legislation. Those resolutions carry a lot of weight as legislators know that the resolutions have been adopted by locally elected school board members from across the state, including board members in their legislative districts. As your WASB president, I urge you, as members of Wisconsin school boards, to consider submitting a resolution this year. The deadline: Sept. 15. Your board can submit a resolution addressing virtually any topic of concern to you and relevant to public education. One such topic for me is building trust at all levels of public education. You may remember my message from the convention in January: Trust is a must! I have heard from many school board members who share that concern. Resolutions can be drafted on vision topics to help move us in that direction. Proposed resolutions can be on a new topic, amend a current resolution or repeal a resolution, but can not duplicate a current resolution.
The resolutions submitted by individual school boards go to the WASB Policy and Resolutions Committee for consideration. The committee consists of two school board members from each of the WASB’s 15 regions as appointed by the regional directors and the four members of the WASB Executive Committee. This year, that committee meets Sept. 30-Oct. 1 in Madison and again Nov. 11 in Stevens Point, prior to the WASB Legislative Advocacy Conference in Stevens Point the following day. The committee has two basic charges: 1) examine the proposed resolutions to make sure they don’t duplicate existing resolutions already on the books, and 2) advance resolutions that are timely, of statewide importance, and worthy of debate by the Delegate Assembly. Every member school district and all 12 CESAs are allowed a representative at the Delegate Assembly. Listening to school board members debate the resolutions at the Delegate Assembly assists our lobbyists in developing arguments in support of the WASB positions when they are testifying in legislative committees or meeting with legislators to discuss proposals on which the WASB has adopted a resolution. Here’s a few examples of resolutions that were passed in January and subsequent steps taken:
b “The WASB supports the provi-
sion of state funding adequate to: address the shortage of mental health professionals in our state qualified to address the needs of school-age children and young adults; provide adequate professional mental health supports in our schools and our communities; and permit schools to enter into effective partnerships with agen-
cies that are involved with mental health to provide for school-based mental health programs, that could provide services.”
The WASB has been in contact
with various stakeholders on this topic to gather information about what are the greatest needs and where resources should be prioritized. The WASB will be encouraging policymakers to address this issue in the next state budget.
b “The WASB supports legislation allowing school districts to publish statutorily required notices electronically on the school district website and other social media maintained by the school district in lieu of publishing these notices in newspapers.”
The WASB has been working with legislators as well as a related Legislative Council Study Committee to draft legislation to permit school board meeting proceedings to be posted on the school district website instead of published in a newspaper. I chaired the Policy and Resolutions Committee last year and witnessed school board members coming to the process from different places and with different perspectives yet with open minds, willing to listen to arguments made by fellow committee members. Those principled discussions that took place centered around how to best serve the more than 800,000 students educated every day in Wisconsin’s public schools. WASB’s Delegate Assembly is true democracy in action. Please consider being a part of that critical process by submitting a resolution. Thank you! n Olson is 2016 president of the WASB and president of the Shell Lake School Board.
August 2016
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LEGAL COMMENT
B oa r d m a n & C l a r k LL P
The Impact of Court Orders and Process on Parental Rights
T
he United States Supreme Court has long recognized the general right of parents to make decisions for their children and to parent them as they believe appropriate. The liberty interest of parents in the “care, custody, and control of their children … is perhaps the oldest of the fundamental liberty interest recognized by [the] Court.”1 However, there are many situations in which state courts may legally limit the scope of these parental rights or transfer them to other persons. Districts need to be aware of these situations, in particular, those involving divorce and separation, guardianships and protective placements. This Legal Comment will review how court orders and the related legal processes may impact how a district responds to the interests of the parents, the child and third parties.
| Orders in Divorce, Legal
Separation and Paternity Matters Probably the most common court orders that affect the rights of parents occurs when one or both parents ask the court to make decisions allocating legal custody and physical placement rights between them. Circuit courts have the legal authority and are charged with the responsibility to make orders
between parents that are in a child’s best interest.2 In a traditional divorce or legal separation case involving children, a court must determine how parents will share legal custody and physical placement. Legal custody is defined as the “right and responsibility to make major decisions concerning the child …”3 By statute, “major decisions” include decisions regarding consent for a child to obtain a motor vehicle license, authorization for nonemergency health care, and choice of school and religion.4 Wisconsin has a statutory presumption that it is in the best interests of a child for parents to share joint legal custody and that they reach agreement on a “major decision” before it can be implemented.5 If the parents are unable to reach agreement, the court may grant one parent sole legal custody or the right to make a particular decision for the child. In contrast to legal custody, physical placement refers to the right to have a child physically placed with a party. Physical placement includes the right to make day-to-day decisions regarding a child’s care, as long as those decisions are consistent with the major custodial decisions that have already been made.6 Court orders for physical placement may be extremely detailed and lay out a specific placement schedule that describes the days, times and loca-
tions of parental exchanges of their child. Other placement orders may be vague and simply refer to the parties having placement “as they mutually agree.” Physical placement, if out of the district, can affect the determination of a child’s residency for school purposes.7 In a divorce, legal separation or paternity case, a court may issue Temporary or Interim Orders that describe how legal custody and physical placement will be handled until there can be a long-term order put into place. At the completion of these cases, a court will generally enter a Judgment of Divorce, Judgment of Legal Separation or a Judgment of Paternity with the legal custody and placement terms defined. None of these orders are permanent, however, as legal custody and physical placement may be modified by subsequent court orders. A parent may present district personnel with copies of a Temporary or Interim Order or a Judgment and ask that the district make the other parent abide by its terms. The court’s order, however, is between the parties and does not place enforcement responsibility or authority on a district, which may get into an untenable position by voluntarily accepting such a role. Thus, if a parent presents a principal with a physical placement schedule
Court orders for physical placement may be extremely detailed and lay out a specific placement schedule that describes the days, times and locations of parental exchanges of their child.
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Wisconsin School News
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LEGAL COMMENT and directs the principal not to allow the child to go with the other parent after school, the principal should not take responsibility for implementing the court’s placement order and should so advise the parent. The parent’s recourse is through the courts, not through the district. Another common situation in which a district can be impacted by a court order occurs when parents share joint legal custody. In that circumstance, either parent may consent for a student to participate in school activities. However, special rules apply with regard to parental consent to evaluate a student for or to receive special education services, and the revocation of that consent. When both parents have the authority to make decisions about special education, a district must evaluate a student for special education needs based on the consent of one parent. This is true even if the other parent refuses or revokes consent to evaluate.8 The fact that one parent has authority to consent to special education processes does not, however, eliminate the need to notify the other parent of meetings and intended actions regarding the student.9 If the student qualifies for special education services, the district may obtain the consent of one parent and begin services; however, if the other parent refuses to consent to services or revokes consent for services, the district may not continue to provide special education services to that student.10 In joint legal custody situations, if the parents disagree on school issues related to their child, a district may find itself responding to contradictory directives from the parents. At this point, the parents must address the issue with the court and districts must rely only on an order that issues from the court. In this situation, the court may issue an order stating that one parent has sole legal custody or impasse-decision making authority with regard to educational decisions. Another situation in which districts are impacted by family court orders is with respect to pupil records. Parents
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[continued]
must be provided with a copy of their child’s progress and behavioral records upon request11 even if the parents are divorced or separated or only one parent has legal custody of the child.12 However, a court-ordered denial of periods of physical placement results in the affected parent losing the right of access to pupil records of his or her child, provided that the court denies placement based on a finding that the placement would endanger the child’s physical, mental or emotional health.13 Implicit in these situations is the question of whether a district has an obligation to determine whether a court order exists and, if so, what that order means. The Wisconsin Department of Public Instruction (DPI) has indicated that with respect to students receiving special education services, districts have an affirmative obligation to request copies of court orders if the parents are separated or divorced.14 This would also be prudent in such situations not involving special education services. Upon receipt of a court order, districts should ensure that the full document is provided and has been signed by a judge. If there is any question about the validity of a court order, districts should request that both parents review it and acknowledge its authenticity or request that a parent provide the district with a certified copy of the order. | Orders in Guardianship Or
Protective Placement Proceedings Parents’ fundamental right to parent and make decisions for their children can also be affected by guardianship proceedings or by protective placement proceedings under Chapters 54 and 48, respectively, of the Wisconsin Statutes. A guardian is a person appointed by a court to “provide for the essential requirements for health and safety and the personal needs of a minor.”15 Guardianships may be voluntary or involuntary, but in either situation there must be a court process and specific court orders designating one or more persons as a
guardian. These “Letters of Guardianship of the Person of a Minor” (Letter) identify the powers that are transferred from a parent to a guardian, such as the power to give informed consent to release of confidential records; the power to make decisions regarding educational and vocational placement and support services; the power to receive all notices on behalf of the minor; and the power to have care, custody and control of the minor. A person with guardianship powers generally informs the district of this Letter. Districts should request a complete copy of the Letter, confirm its validity, and identify the transferred powers before responding to a guardian’s communications or directions about a child, particularly when a parent is still involved in the child’s life and disagrees with a guardian’s decision. Cases in which a child is determined to be in need of protective services under Chapter 48 operate similar to guardianships. Like guardianships, “Child in Need of Protective Services” (CHIPS) proceedings require court action to transfer authority over a child to a third person or a state agency. A CHIPS action can result in a court-approved “consent decree,” in which a parent agrees to certain terms in order to suspend the court proceedings and ultimately resume parental authority.16 Alternatively, a court may hold a hearing and enter a “dispositional order” that establishes placement terms for a child and steps a parent must take to resume parental authority.17 CHIPS actions often involve a child being placed outside the home of the parent, either with relatives, foster parents or in a group home. However, most consent decrees or dispositional orders do not include specific grants of authority to the foster parent, relative or agency. For example, a consent decree or dispositional order may direct that a child be placed outside of the home with a foster parent, yet give minimal authority to the foster parent. Since
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LEGAL COMMENT the overall goal in CHIPS proceedings is reunification of parents and child, parents often retain parental rights other than the right to have physical custody of a child, including the right to make educational decisions. Whether a parent retains authority over educational decisions during the period of out-of-home placement is determined by the court order. The specific terms of such orders vary and can change over time, so districts should seek and review the complete and most recent court documents. If the allocation of authority is not clear, districts should consult with the local services agency that oversees the child’s placement.18 | Legal Processes Because parental rights can be impacted by various types of court orders, disputes between parents often result in court litigation and processes. When that occurs, district personnel are often contacted by one of the parties to provide information to the court about the child or a child’s caregiver under the belief that such “neutral” information will be persuasive to the court. Districts must, therefore, be aware of certain “process” orders that can involve district personnel in adversarial litigation. In litigation involving children and parental rights, courts will generally appoint a guardian ad litem (GAL) to represent the best interests of a child and to ultimately make a recommendation to the court about what specific orders should be entered. GALs often want to review student records and talk with district personnel as part of their investigation. However, a GAL’s authority to review student records or interview district personnel must be authorized by the court order appointing the GAL or by parental authorization. Districts should ensure that the GAL has been given this authority before allowing access to district personnel
[continued]
or student records. It is also common for a GAL to want to interview a child at the school with the idea that the child will be more forthcoming in a neutral setting. Assuming there is a court order appointing the GAL or a signed release from a parent which authorizes the GAL to talk with the student, a district has the discretion of whether to allow child interviews to take place on school grounds. District personnel can be compelled to testify at a deposition or in court by a GAL, a court or a parent’s attorney. If a district employee is personally served with a valid subpoena and is presented with the requisite witness fee, that employee must obey the subpoena and provide testimony in court or in a deposition.19 If the subpoena compels the production of a student’s pupil records, the district must make a reasonable attempt to notify the parent or eligible student of the order or subpoena in advance of compliance with the subpoena.20 Those records can either be provided to a court for the court’s own review before being disclosed to the parties21 or the district can request that the parent on whose behalf the subpoena was issued authorize release of the records. | Conclusion Disagreements between parents as to matters involving custody and placement of their child have the potential to put districts in the middle of family disputes. The best way to avoid this is for districts to be familiar with and understand the terms imposed by the court on the family and be guided by those terms. One effective way to make sure districts are aware of these orders is to request on the district’s enrollment and registration forms whether there are any judicial orders that affect placement or educational decisions. This will allow the district
to seek out those orders in advance of any disputes so that it can be better informed if they arise. n | Endnotes For additional information on related topics, see WASB School News “Guardianship and Parental Delegation of Authority (September 2012), and “Family Court Actions Affecting the Rights of Parents” (July 2005). 1. Troxel v. Granville, 530 U.S. 57, 65 (2000) 2. Wis. Stat. ss. 767.01, 767.41 3. Wis. Stat. s. 767.001(2) 4. Wis. Stat. s. 767.001(2m) 5. Wis. Stat. s. 767.41(2) 6. Wis. Stat. s. 767.001(5) 7. WASB School News “Revisiting Student Residency Determinations” (January 2002) 8. 34 C.F.R. 300.345; Wis. Stat. 782; Wisconsin Department of Public Instruction, Columbus School District, IDEA Decision 99-034 9. Wisconsin Department of Public Instruction Information Update Bulletin No. 10.01, Parent Consent Requirements When Parents Who Share Legal Custody Do Not Agree (April 2010); IDEA Complaint Decision 12-033 (August 8, 2012), at p. 2 10. Letter to Cox (OSEP, August 21, 2009) and Letter to Ward (OSEP, August 31, 2010) 11. Wis. Stat. s. 118.125(2) 12. Wis. Stat. s. 767.41(7) 13. Wis. Stat. s. 767.41(4)(b) 14. Bulletin No. 10.01; Wisconsin Department of Public Instruction, Oak CreekFranklin Joint School District, IDEA Decision 03-020 15. Wis. Stat. s. 54.01(10) 16. Wis. Stat. s. 48.32 17. Wis. Stat. s. 48.335 18. See generally, Educational Services for Children Placed in Foster Care, Wisconsin Department of Public Instruction and Wisconsin Department of Children and Families, pp. 5-8 (July, 2010) 19. Wis. Stat. s. 805.07 and Chapter 885 20. U.S.C. § 1232g(b)(2)(B); 34 CFR § 99.31(a)(9) 21. Wis. Stat. s. 118.125(2)(f) This Legal Comment was written by Michael J. Julka, Rhonda Hazen, and Steven C. Zach, of Boardman & Clark LLP, WASB Legal Counsel.
Legal Comment is designed to provide authoritative general information, with commentary, as a service to WASB members. It should not be relied upon as legal advice. If required, legal advice regarding this topic should be obtained from district legal counsel.
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SUPPORTING, PROMOTING AND ADVANCING PUBLIC EDUCATION
UPCOMING PROGRAMS 2016 FALL REGIONAL MEETINGS
September-OctOber, 2016 VariOuS LOcatiOnS
2016 Regional Meetings Highlights:
• School Board Member Recognition Awards • WASB Director Elections - (Regions 2, 5, 7, 11, 13 and 15) • Feature Presentation: The Continuous Improvement of School Boards • Executive Director’s Report
Optional Pre-Meeting Workshop:
Coming to Order: How to Plan and Conduct Effective School Board Meetings
Oct. 13-14, 2016 KaLahari reSOrtS, WiScOnSin DeLLS
2016 WSAA/WASB SCHOOL LAW SEMINAR
WSAA/WASB School Law Seminar Highlights: • Get up-to-date on the latest school law issues affecting Wisconsin school districts • Sessions led by respected school law attorneys and WASB staff counsel • Gain information to effectively lead your district
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